Some web sites have been commenting that First Amendment rights are threatened by Hulk Hogan’s victory against tabloid website Gawker.com, but I don’t think that’s right.
Someone made a sex tape recording without Hogan’s knowledge or permission and Gawker posted parts of the recording on its web site, and then refused to take it down. Hogan filed a $100 million lawsuit against Gawker and put Gawker’s sleazy editor on the stand to defend his decision to post the illegal video onto the web site.
The jury agreed with Hogan, and awarded him $115 million for his troubles, with punitive damages pending next week.
The punitive punishment should be interesting. I’m thinking it’ll be in the $20 million range. Gawker doesn’t have the assets to comply with the ruling.
I’ve been reading opinions online that the Hogan lawsuit threatens the First Amendment, but I disagree. Posting illegal porn is not protected speech and should never be considered to be legal by the courts.
Hopefully this gives people putting “revenge porn” online some second thoughts before they destroy someone’s life. There will be a price to pay, and that’s a good thing.
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